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Stop the wage garnishment

Submitted by JoAnn Weiner on Wed, 01/05/2011 - 13:22
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Hi,
My husband's student loan has been in wage garnishment for almost 2 years now, and I have finally convinced him to get a hearing to stop the garnishment. In September 2010 he filed the paperwork with the CA and the Dept of Ed, it is now January 2011, and they still will not stop the garnishment. The CA said all the paperwork has been filed and the hearing is done, and everything is in order to stop it but the CA company won't give the order to stop the garnishment. He has been in contact with Ombudsman, and he just called the Community Legal Services today, which has told them they the Dept of Ed and everyone else is having a hard time trying to get the CA to stop the garnishments for everyone. It sounds like the CA is going on a rampage and won't stop the destruction. We are in financial hardship and don't want to lose the house. How else can we get them to stop the garnishment other than quitting his job? Then we would be in real trouble!


Quitting a job is not a solution. Your husband should contact the CA and try to know the reason why they won't stop garnishment if everything is in place. Once your husband comes to know about the reason, he can work accordingly to resolve the matter and stop the garnishment. Your husband can even contact an attorney and take his help in dealing with the CA.


Submitted by Anna Sweeting on Thu, 01/06/2011 - 00:00

Anna Sweeting

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just because you file the paperwork doesnt mean the garnishemnt will stop. You have to prove "undue hardship" from the garnishment. The CA has to follow the guidelines for your household income and expenses. 15% of disposable income should not cause you to loose a house. You are allowed expenses based on the average costs in your area...if your expenses are out of line, then the garnishment will continue.

Threatening to quit a job is pretty stupid. Give up 85% of your income for a 15% garnishment? Plus the CA can find you again thru sources (DOE provides employement information from IRS info) and the garnishment will restart again.


Submitted by SOAPLADY on Thu, 01/06/2011 - 04:25

SOAPLADY

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